Judgment of the General Court (Sixth Chamber) of 29 September 2021 –
Enosi Mastichoparagogon Chiou v EUIPO (MASTIHACARE)
(Case T‑60/20)
(EU trade mark – International Registration designating the European Union – Word mark MASTIHACARE – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94(1) of Regulation 2017/1001)
1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 19, 20)
2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability
(Council Regulation No 207/2009, Art. 7(1)(c))
(see para. 22)
3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Concept
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 23-26)
4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 27, 30)
5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Trade mark devoid of distinctive character throughout the EU – Acquisition of that character in part of the Union – Insufficient
(Council Regulation No 207/2009, Art. 7(2))
(see paras 28, 35)
6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark MASTIHACARE
(Council Regulation No 207/2009, Art. 7(1)(b) and (c) and (3))
(see paras 40-44, 46, 52)
7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use
(Council Regulation No 207/2009, Art. 7(1)(b) and (c) and (3))
(see para. 44)
8. Judicial proceedings – Application initiating proceedings – Formal requirements – Summary of the pleas in law on which the application is based – Pleas expressed in terms of their substance – Admissibility – Condition
(Rules of Procedure of the General Court, Art. 76(d); Council Regulation No 207/2009, Arts 7(1)(b) and (c) and 3)
(see para. 50)
9. Acts of the institutions – Statement of reasons – Obligation – Scope – Account taken of the context and all the legal rules
(Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1))
(see para. 60)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 25 November 2019 (Case R 692/2019-1), relating to the international registration of the word mark MASTIHACARE designating the European Union.
Operative part
The Court:
2. | | Orders Enosi Mastichoparagogon Chiou to pay the costs. |